V RAJENDRAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking a Writ of Certiorari calling for the records relating to the notification under Section 4 (1) of the Land Acquisition Act issued under G.O.(3D)No.36, dated 01.06.1995 by the second respondent published in the Gazette on 28.06.1995 and the declaration under Section 6 of the Act issued under G.O.(3D)No.54 dated 04.07.1996 by the first respondent published in the Gazette on 05.07.1996 and quash all the proceedings.

(2.) IT is the contention of the learned Counsel for the petitioner that the petitioner is the owner of the land measuring an extent of 5 cents in Survey No.283/3A2 at Kattuparamakudi Village, Paramakudi Village, Paramakudi Taluk, Ramnad District. The petitioner has purchased the land by means of a sale deed dated 06.01.1993 for a valid sale consideration from one Haj Mohamed, s/o.A.Kasim Rawther of Paramakudi Town.

(3.) THE contention of the learned Counsel for the petitioner is that as per Section 6(2) of the Land Acquisition Act, 1894, the declaration that the land is required for a public purpose must be published after the commencement of the Land Acquisition Act, 1894, after expiry of one year from the date of publication of notification under Section 4(1) of the Land Acquisition Act, 1894 and in the present case on hand, Section 6 declaration as per the Land Acquisition Act, 1894, has been published on 05.07.1996 in the Gazette which is more than one year and 8 days from the date of publication of Section 4(1) notification in the Gazette on 28.06.1995 and therefore, all further proceedings are illegal and unconstitutional.